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Settling Litigation: Essential Skills for Better Outcomes

Most litigation settles. Settlement is not a fallback position, it is where most litigation is won, lost or reshaped. Gain the skills you need with this practical advanced program providing you the essential skills to negotiate with greater confidence, to use Calderbank offers and without prejudice discussions strategically, protect privilege, manage costs risk and avoid settlement agreements that may later unravel. Gain practical guidance on the tax and GST issues that can materially affect outcomes for clients. Attend and strengthen the skills every litigator needs to secure better, cleaner and more commercially effective settlements for their clients.

Thursday, 29 October 2026
9.00am to 10.00am Calderbank Offers and Managing Without Prejudice Discussions
  • Practical strategies for using without prejudice correspondence to maximise settlement leverage and manage costs risk
  • Common pitfalls in drafting and responding to Calderbank offers
  • Conducting effective without prejudice discussions and preserving privilege
  • Tactical considerations before, during and after mediation
  • Recent developments from the courts on settlement negotiations

Presented by Emma Moran, Partner, DLA Piper; Chambers & Partners Asia Pacific Guide 2022-2025 Ranked as a Recognised Practitioner

 

Description

Attend and earn 4 CPD Hours

Learning Objectives:

 

  • Navigate the detail of calderbank offers and managing without prejudice discussions
  • Gain practical guidance on settlement negotiation strategies
  • Explore in depth the grounds to reopen a settlement agreement
  • Gain an expert consideration of tax and GST issues in settlements
11.00am to 11.15am Break
10.00am to 11.00am Settlement Negotiation Strategies

Presented by Paul Dalkie, Barrister, Paul Dalkie Barrister

11.15am to 12.15pm Exploring the Grounds to Reopen a Settlement Agreement
  • Is the matter really settled? When a "settlement" isn't binding in the first place
  • Grounds that can work, and those that don't
  • How to reopen a settlement: what to do and not do
  • Defending a settlement: how to retain a settlement when the other side wants to reopen it

Presented by Sam Carey, Barrister, Bankside Chambers 

Chair:

Kate Wiseman, Associate Member, Bankside Chambers

12.15pm to 1.15pm Considering Tax and GST Issues in Settlements

Presented by Chris Harker, Tax Partner, Mayne Wetherell; recognised in Legal500 and Chambers and Matthew Handford, Associate, Mayne Wetherell

Presenters

Emma Moran, Partner, DLA Piper
Emma Moran is a Partner in DLA Piper New Zealand's Litigation & Regulatory team. With more than 18 years' experience, she specialises in complex commercial disputes, regulatory investigations and public law matters, acting for corporate, government, financial services, insurance and life sciences clients across New Zealand and internationally. Emma regularly guides clients through settlement negotiations, mediations and alternative dispute resolution processes. She has appeared at all levels of the New Zealand courts, and in specialist tribunals and arbitrations. She is recognised by Chambers & Partners and Legal 500 directories for her dispute resolution and public law expertise.


Chris Harker, Partner, Mayne Wetherell
Chris advises on tax law. He has advised on a number of significant transactions including mergers and acquisitions, restructures, infrastructure projects, and financing arrangements. He has also acted for clients seeking binding rulings from Inland Revenue in respect of prospective transactions, and represented clients in respect of Inland Revenue investigations and disputes.


Kate Wiseman, Associate Member, Bankside Chambers
Kate is a dispute resolver active in arbitration, mediation and collaborative resolution. Her work encompasses a broad range of commercial, property and family disputes. She has particular expertise in resolving disputes involving trusts, estates, shareholders, companies and relationship property. She has a special interest in governance disputes, especially those concerning incorporated societies, charitable trusts and body corporates. Before coming to the law she had a 20 year career in business. She has held governance roles continuously since 2004 and is currently the elected Vice President of the Arbitrators and Mediators Institute of New Zealand (AMINZ).

Paul Dalkie, Barrister, Paul Dalkie Barrister
Paul Dalkie has extensive experience as a barrister in New Zealand and Australia over several decades. He appears in and has appeared in a wide range of civil and commercial cases and arbitrations. Prior to becoming a barrister, he practiced as a solicitor in Queensland in two global firms, Blake Dawson Waldron (now Ashurst) and Sly & Weigall (now Norton Rose Fullbright). He has appeared and argued cases and conducted trials and appeals at all Court’s levels, including the Privy Council. His practice has particular emphasis on contract disputes of all kinds, and corporate law, especially insolvency and shareholders and director’s disputes. He is admitted to practice in New Zealand, Queensland and Victoria, and in the Federal Courts of Australia. He has been an adjunct Professor at the Beijing Jiaotong University, Beijing, China since 2019 in International Arbitration, Corporations Law and Contract Law.

Sam Carey, Barrister, Bankside Chambers
Sam is an experienced commercial barrister at Bankside Chambers in Auckland and a member of Bankside's Singapore office. He practices across all areas of commercial and related disputes, with particular expertise in commercial/contractual disputes, insolvency, negligence, trusts and equity, tax, land and company law. After receiving his degree Sam spent 5 years in the litigation department at Ashurst Morris Crisp in London. Upon returning to New Zealand he obtained a first class Master’s Degree in Law, specialising in Commercial Law. He went to the independent bar in 2005, working as a junior at Shortland Chambers for 2 years before becoming a member of Bankside Chambers in May 2007. Sam has appeared as counsel at all levels of the New Zealand courts, including tribunals, and has regularly represented clients in mediations, arbitrations and judicially-assisted settlement conferences. He has also acted as clerk to the tribunal in many international arbitrations.


Matthew Handford, Associate, Mayne Wetherell
Matt advises on tax law with a particular focus on disputes and investigations. Matt has experience at all senior court levels and has appeared in a number of tax cases before the High Court. He has advised on tax investigations and pre-litigation disputes, and on the income tax and GST consequences of settlement agreements. He has also advised on transactional tax matters including restructures, infrastructure projects and financing arrangements, and acts for clients seeking binding rulings from Inland Revenue in respect of prospective transactions.

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Settling Litigation: Essential Skills for Better Outcomes

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Single Session
Thursday, 29 October 2026
9.00am to 1.15pm New Zealand
CPD Hours 4
$420.00
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